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Defendant Insurance Company's Untimely Denial of Claim Precludes Motion to Dismiss
Erie County Surrogate Judge and OCA Feud Over Power to Make Non-Judicial Appointments
The Erie County court has been without a chief clerk since May, and without a deputy chief clerk since July, and there's an "urgent need" to fill the roles because it is the busiest surrogate's court outside of New York City.Medical Expert's Conclusory Opinion Insufficient to Justify Insurance Coverage Denial
Jurisdictional Considerations in Choosing Fora for Disputes Concerning Decedents' Assets
This column is intended to illustrate a few examples of jurisdictional issues that involve disputes over a decedent's assets or affairs to demonstrate why a choice of forum is not always as obvious or simple as one might assume.Conduct That Falls Within the Doctrine of 'In Pari Delicto'
While the doctrine's original focus was on illegal acts and illegal contracts, it has since been significantly expanded to other types of wrongdoing, including civil wrongs, as discussed by Thomas J. Hall and Judith A. Archer in this edition of their Commercial Division Update.View more book results for the query "Ruskin Moscou Faltischek"
How Final Is a Decree Based Upon Virtual Representation?
While we often see virtual representation provisions contained in wills and trust instruments, the absence of such a provision is not fatal to the application of the doctrine of virtual representation.RICO, Other Claims Barred by Res Judicata, Collateral Estoppel or Deemed Frivolous
Appellate Division, First Department:April 28, 2022
SCPA Article 17 Guardianships: How To Invest for a Minor
With court approval, a guardian can jointly control guardianship funds with a bank, credit union, or other financial institution. This type of investment agreement can significantly benefit the infant, while also providing the Surrogate with security in knowing that an established financial institution is a party to the agreement and subject to the Surrogate's oversite.Appellate Division, Second Department: April 27, 2022
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